LANDMARK UNFAIR DISMISSAL VICTORY

RMT helpline 0800 376 3706 :: march 2017 :: RMTnews 25 RMT has won a landmark case for a career railway worker who was unfairly dismissed by Network Rail for failing a drugs test while off sick. The member began working on the railways in December 1976 and held an unblemished record of employment. In 2010, he began to suffer from lower back pain which was made much worse after a car accident in May 2014. His condition meant he was signed off sick by his GP in January 2015 and could not return to work. By September he was in such severe pain that painkillers were not helping him and a friend suggested that cannabis could help relieve the pain. He took his friend’s advice and smoked cannabis, something he had never done before. Shortly after, he attended a pre- arranged meeting with his manager who suggested that he may be eligible for ill- health severance. This would have provided him with a severance package and he was keen on the idea as he was already on half- pay. Around the same time, the member was asked to attend a routine medical appointment, similar to many other he had attended throughout his sick leave. However, at this appointment he was tested for drugs and tested positive for cannabis. At a disciplinary meeting, supported by his union rep, the member was found to be in breach of his Network Rail’s drugs policy for testing positive for cannabis while on work premises and he was dismissed for gross misconduct which invalidated his severance package. The member appealed the decision on three grounds. Firstly, that the punishment was excessive due to the fact that he was about to leave the company and was on sick leave; secondly, that he had not been at work at the time of the test and the purpose of the policy was to control the risk of employees at work and finally that not all evidence had been considered. After his appeal was dismissed, the union instructed Thompsons to investigate the claim. After taking the case to an Employment Tribunal, it was found that the member had been unfairly dismissed for the three reasons he had appealed on. He was awarded damages for unfair dismissal and his ill-health severance package was secured. WHY IS THIS AN IMPORTANT CASE? It is clear that Network Rail’s drug policy was intended to protect workers’ safety when they were at work. The fact that he was not working at the time meant this policy should not have applied. The case also displays the importance of union membership. Without the union and the expert legal advice it provided its member, he would have not been able to fight his case for unfair dismissal and would have been left without any severance package. This result has meant he can focus on treating his back pain, whilst having his severance package to fall back on. Using Thompsons through RMT’s legal scheme, members are guaranteed to take home 100 per cent of the damages they are awarded. For more information about Thompsons’ work with your union go to www.thompsonstradeunion.law/ trade-unions/rmt and to contact the legal service call 08457 125 495. LANDMARK UNFAIR DISMISSAL VICTORY Haylee Chambers of Thompsons Solicitors outlines a landmark case of unfair dismissal